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Located in Australia.

Say I want to be the #1 peanut butter producer.

Being a common person, with a common wage I cannot create or start my own production facility.

I find a peanut butter in store which has the fundamentals of what I need (viscosity, salt levels, other nutritional values) The brand is 'PB-X.

If I buy a crate of PB-X and then apply my own modification - Say add in almonds.

Are you now legally allowed to rebrand this product as your own?

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  • Note that your example is a food product which likely means there is a whole list of additional legal requirements if you want to sell it.
    – quarague
    Commented Feb 19, 2020 at 15:41
  • If it was the U.S. consider the Latham Act “ Reverse passing under Lanham Act Section 43(a) occurs when a person falsely designates the “origin” of someone else’s goods or services, misrepresenting them as its own. ” Commented Feb 19, 2020 at 18:29
  • @GeorgeWhite While in this scenario I would be making a "new" product, 90% of the manufacturing was completed by someone else. So where does that stand? Can you simply state the origin of the base product or would you need approval? To put it in terms of cars. I imagine you couldn't buy a BMW, change the seats inside and then slap on your own badge.
    – SheerKahn
    Commented Feb 20, 2020 at 11:00
  • I don’t know - there is a car company in the US that started by modifying Mustangs see Saleen 302 Series Commented Feb 20, 2020 at 21:07

1 Answer 1

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Yes

The process is called “manufacturing”, many businesses do it.

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  • Interesting, I always thought once its been branded and put in a store its a different game. Always thought you had to buy barrels of something directly from a manufacturer (obviously better for the margin).
    – SheerKahn
    Commented Feb 19, 2020 at 11:35
  • many products are made of branded components. Teflon was originally a DuPont brand name, for example.
    – Tiger Guy
    Commented Feb 19, 2020 at 16:21

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